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Lofton v. Bank of America Corp.

April 17, 2009

JOHN LOFTON, AN INDIVIDUAL, ON HIS OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF
v.
BANK OF AMERICA CORPORATION, FIA CARD SERVICES, N.A., A NATIONAL BANKING ASSOCIATION, CARLSON COMPANIES, INC., A MINNESOTA CORPORATION, CARLSON TRAVEL GROUP, INC. A CALIFORNIA CORPORATION, AND DOES 1 TO 100, DEFENDANTS.



The opinion of the court was delivered by: The Honorable Susan Illston United States District Court Judge

[PROPOSED] FINAL ORDER ENTERING JUDGMENT AND DISMISSAL WITH PREJUDICE

[PROPOSED] ORDER

This matter came before the Court for a hearing on April 15, 2009 at 4:00 p.m., pursuant to the Order of this Court entered on November 4, 2008, on the application of the parties for final approval of the settlement reached between the parties as set forth in the Class Action Settlement Agreement ("Settlement Agreement"), executed by counsel on October 28, 2008 on behalf of the parties. Due and adequate notice having been given to the Class as required in said Order, and the Court having considered the thorough briefing and proceedings had herein and otherwise being fully informed in the premises and good cause appearing therefore,

IT IS HEREBY ORDERED, ADJUGED AND DECREED as follows:

1. This Court has jurisdiction over subject matter of this action and over all parties to the Action, including all Class Members.

2. On November 4, 2008, this Court preliminarily approved the Settlement

Agreement for a Class as defined in the Settlement Agreement. The definitions in the Settlement Agreement are hereby incorporated as though fully set forth in this Order, and capitalized terms shall have the meanings attributed to them in the Settlement Agreement.

3. The Court hereby confirms and grants final certification to the Class and finds that the requirements of Rule 23 of the Federal Rule of Civil Procedure, the Class Action Fairness Act of 2005 ("CAFA") 28 U.S.C. § 1715 and the Due Process Clause of the United States Constitution for the maintenance of this action as a class action have been satisfied in all respects.

4. Notice was disseminated to the Class under the terms of the Settlement Agreement via electronic and/or regular mail. Notice was sent to approximately 54,000 current and former FIA WorldPoints Cardholders via First-Class U.S. Mail. Notice was also provided on a website maintained by the Claims Administrator.

5. The notice fully informed the Class of their rights with respect to the Settlement Agreement, including the right to be excluded and to object to the Settlement Agreement or the application for an award of attorneys' fees and reimbursement of expenses and incentive award.

6. The notice satisfied the statutory requirements of notice under the circumstances, including individual notice to all members of the Class who could be identified through reasonable effort in Defendants' records.

7. The Court finds that Defendants timely and properly notified the appropriate state and federal officials of the Settlement Agreement, pursuant to 28 U.S.C. § 1715 of CAFA.

The Court has reviewed the Defendants' notices and accompanying materials, and finds that they complied with any applicable requirements of CAFA. The Court has set aside more than ninety (90) days to receive and consider any comment or objection by any government entity in response to the CAFA-required notices provided by Defendants.

8. This Action and the Released Claims contained therein, are DISMISSED WITH PREJUDICE as to the named Plaintiff, the Class Members, ...


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